It may seem difficult to navigate a divorce when an individual is in the military, but it does not have to be. Here are a couple of helpful tips to consider when facing a military divorce.
There Are Multiple Places Where You Can File for Divorce
Unlike traditional divorces, where you typically need to prove residency in order to file for divorce, a military divorce opens up the possibility of filing in multiple States. Many States waive residency requirements for military servicemen and women who want to file in the State where he or she is stationed. Additionally, you can file in States where you last lived as husband and wife, or in States where you own property or have a permanent residence.
The ability to file in multiple locations has definite strategic advantages. You should take the time to decide which location will be able to offer you the most favorable divorce before you file. If you are considering a divorce, the attorneys at The Law Firm for Family Law would be happy to discuss the pros and cons of filing for divorce in Florida.
Your Military Pension May Be at Risk
If you have served in the military for more than ten years while you were married, your spouse may be entitled to receive a portion of your military pension. In many situations, this can be the largest financial shift that occurs during the divorce.
Currently, a spouse is not entitled to a portion of the military pension if she has been married to you for less than 10 years. Additionally, if you have been in the military for less than ten years, your spouse will not qualify for a portion of your pension.
For individuals who are approaching 10 years of service and are considering a divorce, it may be highly beneficial to move the process forward quickly. Alternatively, if you are married to a person who is in the service and that person is approaching 10 years of service, it may be wise to wait until the person has reached the 10-year mark before filing for divorce.
As you can see, there are certain strategic decisions that should be weighed by people with ties to the military who are considering a divorce. The Law Firm for Family Law has helped many individuals through the unique circumstances surrounding military divorces. We would be happy to talk to you about the process and how we can help you. Feel free to call us for a free initial consultation at (727) 531-8737.